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Regulatory

years and record the information for later calculation of the CSHOs will normally interview non-management
employer’s “DART rate.” The CSHO uses this data—which employees as part of the inspection process to provide an
measures workplace injuries severe enough to warrant Days opportunity for employees to supply relevant factual infor-
Away from work, job Restrictions, and/or job Transfers— mation concerning hazardous conditions, including infor-
to observe trends, potential hazards, types of operations and mation on how long workplace conditions have existed, the
work-related injuries, and identify recordkeeping deficiencies number and extent of employee exposure(s) to a hazardous
or unsound employer safety incentive practices. condition, and the actions of management regarding cor-
rection of a hazardous condition. During interviews with
WALKAROUND INSPECTION employees, CSHOs are looking to find out if there were any
Simply put, the main purpose of the walkaround inspection is warnings given in advance and changes made that might
to identify potential safety and health hazards in the workplace. affect the outcome of the inspection, and to learn about any
During the walkaround, representatives designated by safety and health systems already in place.
the employer and employees will accompany the CSHO. At
businesses where more than one employer is present, or in VIOLATIONS
situations where groups of employees have different represen- For a violation to occur, a hazard must be recognized by
tatives, it is acceptable to have a different employer/employee the employer, the industry, or common sense. Employer
representative for different phases of the inspection. More recognition means there is some acknowledgment of the
than one employer and employee representative may accom- hazard, written or verbally, before or during an inspection.
pany the CSHO throughout or during any phase of an Industry-recognized hazards are those an employer’s indus-
inspection if the CSHO determines that additional represen- try is aware of. Hazardous conditions that are so obvious
tatives will aid, and not interfere with, the inspection. a reasonable person would recognize them fall under the
In the case of union shops, the highest ranking union common sense category.
official or union employee representative on-site will desig- Under the OSH Act, employers are required to pro-
nate who will participate in the walkaround. If there are any vide “…places of employment which are free from recog-
disputes the CSHO has the authority to make a determina- nized hazards that are causing or are likely to cause death or
tion, but the representative authorized by the employees will serious physical harm to his employees.” At the same time,
be an employee of the employer. A third party, who is not an employees are responsible for their actions and conduct in
employee of the employer (such as an industrial hygienist or complying with standards, rules, and regulations. However,
a safety engineer), may accompany the CSHO if deemed rea- employers are ultimately responsible for employee compli-
sonably necessary to conduct an effective and thorough physi- ance and employees cannot be cited.
cal inspection. Employee members of an established workplace Violations will only be cited only when employee
safety committee or employees at large may designate an exposure can be documented. The exposure(s) must have
employee representative for OSHA inspection purposes. occurred within the six months immediately preceding
During the inspection, safety and health violations will be the issuance of the citation, except where the employer
brought to the attention of employer and employee representa- has concealed the violated condition or misled OSHA, in
tives at the time they are documented. CSHOs will record, at which case the citation must be issued within six months
a minimum, the identity of the exposed employee, the hazard from the date when OSHA learns, or should have known,
to which the employee was exposed, the employee’s proximity of the condition.
to the hazard, the employer’s knowledge of the condition, the When violations occur, they normally fit one of two stan-
manner in which important measurements were obtained, and dards: a Vertical Standard or Horizontal Standard. Vertical
how long the condition has existed. standards apply to a particular industry or particular opera-
CSHOs will document interview statements including tions, practices, conditions, processes, means, methods, equip-
names, dates, times, locations, types of materials, positions ment, or installations. Horizontal standards are more general
of pertinent articles, witnesses, etc. Photographs and video standards applicable to multiple industries. Following are
are taken whenever a CSHO determines a need to support common violations one might encounter at a ski area.
violations, and are normally attached to the appropriate vio-
lation. CSHOs will also ensure that any photographs relating SERIOUS VIOLATIONS: Where there is significant likeli-
to confidential trade secret information are identified as such hood of death or serious injury (i.e., amputations, concus-
and are kept separate from other evidence. sion, crushing, fractures, burns, cuts/lacerations/punctures

18 | NSAA JOURNAL | WINTER 2017